1. Legislative Branch Unit 4

2. Senate 100 members 6 year terms Qualifications: 30 years old, citizen for 9 years

3. House of Representatives 435 members 2 year terms Qualifications: 25 years old; citizen for 7 years

4. How are they elected? Elections are handled by each state … reserved power Each state has a Primary – same party Runoff – if no one wins majority General – different parties, winner is elected to Congress Runoff General election

5. Senate 2 per state (equal representation) 17 th amendment – direct election of senators Entire state votes for same candidates (Republican, Democrat or Independent) Continuous body – only 1/3 of senate up for re-election every 2 years(Class I, II, III)

6. House of Representatives Vote for candidates in your district only (single-member districts) # of districts per state is based on population (GA has 14) Total of 435 Reapportionment: every 10 years (after census) the # of states per state is balanced proportional to population Redistricting: when the district lines in each state are redrawn after reapportionment  to keep population the same (Baker v. Carr and Wesberry v. Sanders) Gerrymandering: the illegal and purposeful redrawing of lines to favor certain candidates Why? Trying to increase party strength, protect incumbents, increase or decrease minority participation, or reward friends

7. POWERS OF CONGRESS

8. Legislative powers: power to make laws

9. Expressed = listed in the Constitution Create laws Tax Establish post offices and roads Coin and borrow $ Punish counterfeiters Raise and support military Declare war Punish piracy Regulate interstate commerce Copyrights and patents Set standard weights and measures Establish lower courts Naturalization laws

10. Expressed powers of the Senate Trial of impeached officials Confirm presidential appointments Ratify treaties

11. Expressed powers of the House of Representatives Start bills dealing with $ (Revenue) Impeach officials Choose President if no majority in Electoral College “Corrupt bargain” – election of 1824

12. Implied Powers Necessary and Proper clause (Elastic clause) Congress can do what’s necessary to support the creation of laws

13. Necessary and Proper Clause What court case?!? McCulloch v. Maryland National bank falls under “necessary and proper” powers of congress (Art. 1, section 8) Federal law supersedes state law (supremacy Clause, Article 6)

14. Limitations Can’t prohibit slave trade (13 th ) Cant suspend habeas corpus No bill of attainder No ex post facto No nobility titles No export tax No preference to a state No federal $ spent without a law No direct tax (16 th)

15. Habeas Corpus – right to appear before a judge after arrest Bill of attainder – found guilty without a trial Ex post facto – arrested for doing something that was legal when you did it

16. Non- legislative powers – jobs of congressmen other than making laws

17. Electoral When Electoral College fails, President chosen by House and VP chosen by Senate

18. Amendments Congress proposes amendments with a 2/3 vote in both House and Senate, or calls national convention

19. Impeachment House impeaches Senate holds trial (Chief Justice presides)

20. Executive powers of Senate Approve/reject presidential treaties and appointments with 2/3 vote

21. Investigative/Oversight Review policies and programs of other branches (specifically Executive)

22. Roles of Congress members

23. 1. Policymaker Make policies by passing legislation

24. 5 steps to making public policy 1.Agenda setting – citizens, IG, media and government recognize the issue and bring it to attention of others 2.Policy formation – find a way to solve problem (compromise between IG, citizens and government committees) 3.Policy adoption – plan of action (legislation, executive order or court ruling) 4.Policy implementation – execute plan 5.Policy evaluation – analyze impact and effectiveness and make adjustments, if needed

25. 2. Representative Represent constituents

26. How members vote/types of representatives Delegate – vote based on what the people want Trustee – listen to people, but vote based on what they feel is best Politico – base decision on issue, so may act as either delegate or trustee at times

27. 3. Servant Help constituents with problems or concerns at home  grassroots!

28. 4. Committee member Serve on committees in Congress (this is where most of the work gets done!)

29. 5. Politician/party member Work to support party and get re-elected

30. Term Limit No term limit Pros: keeps incompetent people out, keeps government running smoothly, efficient Cons: people stay past their time, stagnant, less responsive to the people

31. Incumbency Advantage Those in office tend to get re-elected Name recognition and media coverage More money Experience Grassroots efforts (stuff they do “back home”)

32. Privileges of Congress Retirement benefits Office and staff in DC and home state Travel allowances Franking privilege Immunity during session: no arrest during session of Congress, no libel or slander suit for things said during session https://www.congress.gov/days-in-session

33. Who are they? Well educated Jobs: lawyers and businessmen Wealthy: start at $174,000; Senate called “millionaire’s club” Average age = 62 in Senate; 56 in HoR Gender: more males; 102 women (82 in House, 20 in Senate) Ethnicity: mostly white; 96 minority members (44 African- Americans, 37 Latino, 13 Asian, 2 Native Americans) 114 th Congress – majority in both Houses = Republican